Last week, we reviewed the data on whether cases published at the Court of Appeal are more frequently reversed by the Supreme Court.  This week, we’re reviewing a similar question: are cases with a dissent at the Court of Appeal systematically more likely to be reversed at the Supreme Court?

For two-thirds of the years since 1993, civil cases with a  dissent were more frequently reversed than unanimous decisions.  In 1993, divided decisions were reversed 87.5% of the time, while unanimous decisions were reversed in 65.79% of cases.  In 1994, 69.23% of divided decisions and 65.79% of unanimous decisions were reversed.  In 1995, 55.56% of unanimous decisions were reversed to 41.67% of divided decisions.  In both 1996 and 1997, 80% of divided decisions were reversed, while 64% (1996) and 62.22% (1997) of unanimous decisions were reversed.

In 1998, only a quarter of decisions with a dissent were reversed while 52% of unanimous civil decisions were.  The next year, 57.14% of divided decisions were reversed to 60% of unanimous decisions.  In 2000 and 2001, 77.78 and 83.33% of divided decisions.  Only half the unanimous decisions each year were reversed.

In 2002, none of the divided civil decisions were reversed, while 53.19% of unanimous decisions were.  In 2003, all of the decisions with dissents were reversed, but only 69.05% of unanimous decisions were.  In 2004, 71.43% of divided decisions were reversed, but only half the unanimous decisions were.  The following year, 60% of divided decisions and 56.52% of unanimous decisions were reversed.

In 2006, 62.5% of divided decisions and 64.44% of unanimous decisions were reversed.  In 2007, two-thirds of divided decisions and 55.32% of unanimous decisions were reversed.  In 2008, two-thirds of decisions with dissents and 58.06% of unanimous decisions were reversed.  In 2009, half of the divided decisions and 52.5% of unanimous decisions were reversed.  In 2010, only a third of divided decisions were reversed; 56.41% of unanimous decisions were.  In 2011, all of the divided decisions were reversed, while 62.5% of unanimous decisions were reversed.  In 2012, 83.33% of decisions with a dissent were reversed, while 70% of unanimous decisions were reversed.  In 2013, half of divided decisions were reversed, and 46.67% of unanimous decisions were reversed.  In 2014, two-thirds of divided decisions were reversed, but only 45% of unanimous decisions were reversed.  In 2015, all of the divided decisions were reversed, and 70.97% of unanimous decisions were.  In 2016, 57.14% of divided decisions and 55.17% of unanimous decisions were reversed.  Last year, three-quarters of divided decisions and half of all unanimous decisions were overturned.

Join us tomorrow as we turn our attention to the Court’s criminal docket.

Image courtesy of Flickr by Dale Cruse (no changes).